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2025 DAILYLAW 45656 (ORI)

NANDA MAJHI v. STATE OF ODISHA

WP(C)/19566/2025 · 2025-08-26

K R Mohapatra, Miss Savitri Ratho

Writ Petition (Civil)body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 19566 OF 2025 Nanda Majhi …. Petitioner Mr. Pratap Kumar Behera, Advocate -versus- State of Odisha and others …. Opp. Parties Mr. Siba Narayan Biswal, Additional Standing Counsel CORAM: JUSTICE K.R. MOHAPATRA JUSTICE SAVITRI RATHO ORDER Order No. 26.08.2025 2. 1. This matter is taken up through hybrid mode. 2. The grievance of the Petitioner, in this writ petition, is with regard to inaction of the Special Land Acquisition Officer & RRO, Lower Indra Irrigation Project, Khariar (Opposite Party No.3) in disposing of his application filed under section 28-A of the Land Acquisition Act, 1894 (for brevity, ‘the Act’). 3. It is submitted by Mr. Behera, learned counsel for the Petitioner that LAR No.36 of 2022 of village Jhalkusum in the District of Nuapada referred under section 18 of the Act was disposed of vide judgment dated 15th March, 2024 enhancing the compensation. Since the land of the Petitioner was acquired under the same Notification No.23428 dated 16th May, 2001 published under section 4(1) of the Act, the Petitioner filed an application under section 28-A of the Act for redetermination of compensation for acquisition of his land in terms of the judgment passed in LAR No. 36 of 2022. But, the said application was not disposed of Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 26-Aug-2025 18:08:36 Signature Not Verified within a reasonable time for which the Petitioner has approached this Court in the present writ petition. Considering the grievance of the Petitioner, this Court vide Order dated 6th August, 2025 directed learned State Counsel to take instruction with regard to current status of the petition filed by the Petitioner under section 28-A of the Act. 4. Upon receiving written instruction from the Opposite Party No.3, Mr. Biswal, learned Additional Standing Counsel submits that Government in the Department of Water Resources, Odisha, Bhubaneswar have been moved by the Opposite Party No.3 for sanction of the decreetal dues in LAR No. 36 of 2022 vide Office Letter No.1487 dated 23rd August, 2025. The sanction of decreetal amount is awaited. After receipt of the sanction order in LAR No. 36 of 2022, the case of the Petitioner will be processed. The Opposite Party No.3 is making a sincere endeavour for early disposal of the application under Section 28-A of the Act. The written instruction of the Opposite Party No.3 vide Letter No.1487 dated 23rd August, 2025 filed by Mr. Biswal, learned Additional Standing Counsel is taken on record. 5. Considering the submissions made by the learned counsel for the parties, this Court without delving into the merit of the case of the Petitioner in the application filed under section 28-A of the Act, disposes of the writ petition with a direction that steps shall be taken by the Special Land Acquisition Officer & RRO, Khariar to dispose of the application filed by the Petitioner under section 28-A of the Act as expeditiously as possible, preferably by end of December, 2025 and the decision thereof be communicated to the Petitioner forthwith. The Opposite Party No.3 may also move the Government for early sanction Digitally Signed Signed by: MADHUSMITA SAHOO Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 26-Aug-2025 18:08:36 Signature Not Verified of the decreetal amount in LAR No. 36 of 2022. If it is held that the Petitioner is entitled to compensation in terms of LAR No. 36 of 2022, then steps shall be taken to disburse the differential compensation along with other statutory dues by end of March, 2026. Urgent certified copy of this order be granted on proper application. (K.R. Mohapatra) Judge (Savitri Ratho) ms Judge Designation: Senior Stenographer